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Summary

1. The Independent Review Mechanism (IRM) becomes operational in England on 30 April 2004.  It is operated by BAAF on behalf of the Secretary of State for Education and Skills. The Independent Review of Determinations (Adoption) Regulations 2004 (SI 2004/190) (as amended by SI 2004/1081) give prospective adopters the right to refer their case to the review panel where an adoption agency (the agency) proposes not to approve them as suitable to adopt a child.  This is known as a 'qualifying determination'. 

2. Regulation 11A(4) of the Adoption Agencies Regulations 1983 (the 1983 Regs) gives the prospective adopter the right to make representations to the agency on receipt of a qualifying determination.  This right remains but the prospective adopter must choose whether he wishes to make representations to the agency or apply to the review panel for a review of the agency's determination.  There is no right to make representations to the agency and apply to the review panel for a review of the agency's determination.

3. The review panel is not a higher appellate authority and it cannot overturn the agency's determination. The review panel will be able to consider applications from prospective adopters who were being assessed by an agency in England under the 1983 Regs to adopt a child, including a child habitually resident outside the United Kingdom - but please see paragraph 5 below. 

4. The function of the review panel is to make a recommendation to the agency on the suitability of the applicants to be adoptive parents.  This recommendation is made after the review panel has considered the agency's determination, its reasons and, if different to the agency's determination, the adoption panel's recommendation, information that was before the original adoption panel, any relevant information received by the agency after the papers had been sent to the adoption panel and the prospective adopter's grounds for review.  If the review panel needs further information it may request the agency to obtain it, unless it would be more appropriate to ask the applicant to do so.  The panel may also obtain legal advice, should it wish to do so.  The agency must take into account the review panel's recommendation, as well as the recommendation of the original adoption panel, when making its final decision as to the prospective adopter's suitability to be an adoptive parent.

5. The IRM does not apply to prospective adopters who are being assessed under the Intercountry Adoption (Hague Convention) Regulations 2003 SI 2003/118 (the 2003 Hague Regs) to adopt a child under the Hague Convention  and whose agency does not intend to approve them as suitable to adopt a child.  Regulations will be brought into force as quickly as possible to ensure that the IRM does apply to prospective adopters being assessed by agencies in England under the 2003 Hague Regs.  Further guidance will be issued. 

6. Prospective adopters being assessed under the 2003 Hague Regs and whose agency does not intend to approve them as suitable to adopt, will continue to have the right under regulation 10(4) of the 2003 Hague Regs to make representations to their agency.

Please note: Although many of the Department of Health's Children and Families functions have transferred to the Department for Education and Skills (DfES), these circulars will continue to be issued in the Local Authority Circular (LAC) series for the foreseeable future.

• Download LAC (2004)14: Independent review mechanism (PDF, 32K)